– Reindriften may be willing to enter into a contract for a specific operating time for the wind farm. That means it will be allowed to stand, but not for the 25-year license period, Eric Bronner, a lawyer for the reindeer owners, tells the newspaper. Class struggle.
Bronner says that immediately after the Supreme Court made its decision in autumn 2021, Sør-Fosen sijte (the two sijte of reindeer management in Fosen, Sør-Fosen sijte and Nord-Fosen sijte) submitted this proposal for Fosen Wind.
The plan is contrary to what many activists and players in reindeer husbandry have demanded: the wind turbines in Fossen must be demolished.
Financial compensation
– The developer will achieve that the reindeer herding is not fixed by the demand that the wind turbines be demolished now, and agrees that they can stand for a limited period, but not the full license period. Reindrifta, for its part, will receive a forecast of when the wind turbines will be removed. He says it’s a compromise solution.
It is precisely the conclusion that the 25-year concession set by the Supreme Court is illegal and that the wind farms in Fossen violate the human rights of the reindeer herders in the area.
Bronner wouldn’t say how many reindeer owners would be willing to join such a settlement, but says such a deal would have to include financial compensation.
NRK
Explains
What is the conflict surrounding the wind farm in Fossen?
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Used as grazing area
The Chor Sámi used the Rhone and Storhia mountain area in Fossen as winter pasture for reindeer since before the 16th century.
2010: Permission to build in the area received
In 2006, Statecraft Development AS expressed interest in developing wind farms in the area. The application was approved in 2010 and a license for development was granted. The offer was appealed against, but upheld by the Ministry of Petroleum and Energy in 2013.
2014: Registered with the legal system
The case has been registered in the court system for trial. Sør-Fosen sitje and Nord-Fosen siida believe the development will destroy important grazing areas for reindeer and violate the Sami’s right to cultural practice.
2016: Development begins
However, the construction work will start in June 2016. Although the case has not been fully investigated in the court, the government has given permission to the developer to start the work in advance. NOK 11 billion will be invested in the project.
2018: UN
The UN is asking Norway to halt development on Storhia until the case is resolved in the legal system. As the government did not accept this, the operation of wind turbines will start in 2020.
2021: A crushing verdict in the Supreme Court
In 2021, the Supreme Court unanimously ruled that the development of facilities at Fosen violated the Sami’s right to cultural practice. Development UN It is known that concessions are void for breach of contract.
2022: I will keep the plant
Despite the ruling, the plant in Fossen continues to operate. In 2022, the government sends a letter to the Sami Parliament in which they say they have a goal to keep both the wind farm and reindeer herding in Fosen.
Read more about the Fossen judgment here
The Ministry should take a stand
Fossen tells Klaskampen that they are aware of the proposal, but that the Ministry of Petroleum and Energy has to decide on it, which the ministry says they haven’t done yet.
The proposal was submitted to Fossenwind immediately after the Supreme Court handed down its decision in the fall of 2021. According to the lawyer, Fosen Wind is not ready to discuss such a deal. The Ministry of Petroleum and Energy says it has not taken any stand on the proposal.
Oil and Energy Minister Terje Ösland (AP) said this week that the Supreme Court’s ruling did not make it clear that the wind farms must be demolished.
– The ruling does not mean that the concessions for the wind farms in Storhia and Rhône have expired. Until new decisions are made, the wind farms are operated as per the original licence. Asland pointed out that wind power companies are therefore not doing anything illegal.
Reindeer herders in Fosen want the Ministry of Agriculture and Food to take over the wind power case. The reason is that this ministry has specialized knowledge in reindeer husbandry.
Oil and Energy Minister Terje Ösland (AP) said this week that the Supreme Court’s ruling did not make it clear that the wind farms must be demolished.
Photo: Martin Fonnebo / NRK
Proposes fresh assessment in Supreme Court
For his part, Storting representative and former Frp leader Carl I. Hagen hopes to ask the Supreme Court to reopen the Fosson Wind and Stadtkraft Fosson case.
A Chronicle in VG Hagen questions whether the Supreme Court’s decision in Fossen was based on a false premise.
Hagen writes that he does not understand the Supreme Court’s definition of reindeer herding as a cultural activity in its ruling.
“In fact, I think most people would agree with me that reindeer herding is primarily a commercial activity, along with bulls, cows, sheep and chickens for meat production,” the Chronicle says.
He also writes that neither the UN Convention nor Norway’s constitution states that “reindeer herding is a cultural and not a commercial activity.”
Hagen writes that more thorough studies are needed to determine whether turbines actually prevent reindeer grazing.
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